Subhash Kumar @ Subash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48722 of 2019 Arising Out of PS. Case No.-187 Year-2016 Thana- CHAKIA District- East Champaran ====================================================== 1.

SUBHASH KUMAR @ SUBASH KUMAR Son of Dhaneshi Bhagat Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran. 2.

Md. Amanullah Son of Shoiab Ahamd Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran.

3.

Md. Jabbar Ahmad Son of Sheikh Hasim Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran. 4.

Md. Parvej Alam Son of Sheikh Jaffar Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran.

5.

Md. Abib Hussain Son of Md. Mustaffa Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran. 6.

Md. Naushad Son of Sheikh Nasir Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran.

7.

Md. Monazir Siddiqui @ Md. Monafir Siddiqui Son of Aabid Hussain Resident of Village - Manshi Chapra, P.S.- Chakia, Distt - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Petitioners seek bail in anticipation of their arrest in connection with Chakia P.S. Case No. 187 of 2016 registered for the offences punishable under Sections 147, 148, 149, 153A, 295A, 353, 307, 504, 332 and 323 of the Indian Penal Code. As per FIR petitioners and several other accused persons blocked the road by Mahavir Jhanda Procession in front of mosque and tried to disturbed the communal harmony.

Patna High Court CR. MISC. No.48722 of 2019(3) dt.16-11-2019 2/2 Submission of learned counsel for the petitioners is that no specific allegation has been attributed against any of the petitioners and they have no criminal antecedent. Heard learned APP, who has opposed the prayer on the ground that they have already been given the benefit of Section 41(1)(a) of Cr.P.C.

In view of above facts and circumstances, let petitioners surrender within a period of three weeks from the receipt of this order and on surrender they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIII, East Champaran, Motihari, in connection with Chakia P.S. Case No. 187 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T